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Name: People v. Hard
Case #: A097349
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/26/2003
Subsequent History: None
Summary

The methamphetamine volume enhancement of Health and Safety Code section 11379.8 (here, more than three gallons of a solvent containing methamphetamine) applies even though it was intended to be used in the final stage of the manufacturing process. An agent testified that the solvent was often reused (because its purchase tended to alert drug enforcement agents) but that the solvent here did not contain a significant amount of product. The enhancement applies to any substance containing methamphetamine which is produced, used, or to be used in the process of manufacturing methamphetamine.